The U.S.-Led Proliferation Security Initiative and UNCLOS: Legality,Implementation, and an Assessment

This article examines the relationship between the U.S.-led Proliferation Security Initiative (PSI) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It attempts to answer the questions of whether the PSI is legal or illegal under UNCLOS and whether U.S. accession to UNCLOS would enhance or create difficulties for the implementation of the PSI. The author concludes that U.S. accession to the Convention would not affect adversely the implementation and effectiveness of the PSI. On the contrary, accession to UNCLOS could help increase U.S. credibility and leadership in dealing with the threat to international peace and security posed by weapons of mass destruction proliferation. It also suggests that all the relevant information needs to be gathered and examined carefully in order to answer the question of whether a PSI interdiction action is legal under UNCLOS or not.     

Maritime Legislation of Mainland China and Taiwan: Developments,Comparison, Implications,and Potential Challenges for the United States

In January 1998, Taiwan promulgated the Law of the Republic of China (ROC) on the Territorial Sea and the Contiguous Zone and the Law of the Republic of China on the Exclusive Economic Zone (EEZ) and the Continental Shelf, both of which came into force on January 21, 1998. On June 26, 1998, China adopted the Law of the People's Republic of China on the Exclusive Economic Zone and the Continental Shelf, which is the most significant maritime legislation since its 1992 Law on the Territorial Sea and the Contiguous Zone. This article studies the recent maritime legislation developments in Mainland China and Taiwan, the differences and similarities between the two sets of laws, their implications for the Asia-Pacific region, and the potential challenges for the United States.     

The Impact of the Law of the Sea Convention on Conflict and Conflict Management in the South China Sea

This article examines the impact of the UN Law of the Sea Convention on conflict behavior and management in the South China Sea during four periods: during its negotiation (1973–1982); from its signing to the entry into force (1982–1994); from then until the China-ASEAN Declaration on the Conduct of Parties in the South China Sea (1995–2002); and from the setting of a timeline for outer limits of continental shelf submissions to the events following the 2009 submissions (2003–2013). Ambiguous effects were found. On the one hand, the Convention has generated or exacerbated conflict by raising the stakes, failing to resolve key legal issues, and encouraging overlapping zone claims. On the other hand, it has provided obligations, language, and techniques for conflict management and resolution. The conflict-enhancing impact was found to have been more substantial than the peace-promoting effects. Nevertheless, the balance has shifted toward more emphasis on conflict management and also some utilization of the Convention's peacemaking potential. If this long-term trend continues and the Convention is more rigorously respected and applied, the Convention may in the end be found to have contributed to regional peace.     

International Law and Politics in U.S. Policymaking: The United States and the Svalbard Dispute

This article explains the position(s) of the United States in the maritime dispute adjacent to Svalbard. While the United States has regarded Norway's exclusive claim to the natural resources outside Svalbard as everything from “wishful thinking” to legally plausible, Washington maintains that it may have rights under the 1920 Svalbard Treaty to exploit the maritime zones adjacent to the archipelago. The U.S. reservation is the result of assessments and reassessments of legal considerations as well as national interests.     

Law of the Sea Issues Between the United States and East Asian States

The United States is the sole superpower in the contemporary world and its role in the development of the law of the sea cannot be ignored. Although having not yet acceded to the U.N. Convention on the Law of the Sea, the United States has contributed to the development of the international law of the sea in numerous ways, including responding to the so-called excessive maritime claims in East Asia and creating new rules of maritime enforcement. This article assesses this recent U.S. practice.     

Biological control of invasive plants through collaboration between China and the United States of America: a perspective

For more than 100 years, classical biological control of invasive plants through screening, introducing and releasing of host-specific natural enemies from native regions has been regarded as one of the promising approaches to the management of invasive plants. Many invasive plants in the United States of America are native to China, and vice versa. China and the USA also share a number of invasive plant species, including water hyacinth (Eichhornia crassipes), alligator weed (Alternanthera philoxeroides) and cordgrass (Spartina spp.). Collaboration between the two countries on biological control benefits both the nations by reciprocal opportunities to research and exchange natural enemies, by exchanging information on common invasive species, and by providing training for students and professionals. Here we review the history of collaboration between China and the US on biological control of more than 20 invasive plants. Current collaborative projects associated with four plant species, Polygonum perfoliatum L., Trapa natans L. Pueraria montana (Lour.) Merr. var. lobata and Ailanthus altissima (Mill.) Swingle, are also covered. We prioritize 14 invasive plants as targets for future collaborative biological control based on information on their importance in introduced areas, natural enemy records, and their potential biocontrol risk to introduced ecosystems. They are: Ampelopsis brevipendunculata, Celastrus orbiculatus, Dioscorea oppositifolia, Euonymus alata, Euonymus fortunei, Ligustrum sinense, Melia azedarach, Paulownia tomentosa, Sapium sebiferum and Ulmus pumila for the US, as well as Spartina alterniflora, Ambrosia artemisiifolia, Ambrosia trifida and Solidago canadensis for China. In addition, we emphasize that we must very carefully consider any potential non-target effect when we intend to introduce and release new natural enemies. We anticipate that the high priority both countries have placed on control of invasive plants will stimulate increasing collaboration on biological control.     

Universalizing the Law of the Sea in the South China Sea Dispute

This article argues that a resolution of the maritime disputes in the South China Sea must be based upon a universalist framework where the maritime interests of the world are upheld. The article discusses the universalist framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the universalist approach taken by the Tribunal on 12 July 2016 in the South China Sea Arbitration regarding the extinguishment of a state's “exceptionalist” maritime claims and the adoption of strict criteria for the characterization of features at sea.     

Article 297 of the United Nations Convention on the Law of the Sea and the Scope of Mandatory Jurisdiction

This article assesses the scope and content of the automatic exceptions contained in Article 297 of the UN Convention on the Law of the Sea to the compulsory procedures established in Section 2 of Part XV. The Convention's drafting history is examined with a view to determining the validity of the diametrically opposed readings of Article 297(1) endorsed by Annex VII Tribunals in the Southern Bluefin Tuna Award and the Chagos Marine Protected Area (MPA) Award. The interpretation favoured in the Chagos MPA Award—that mandatory jurisdiction is not restricted to the three cases expressly enumerated in Article 297(1)—is consistent with the textual evolution of Part XV. The article situates the approach adopted by the Chagos Tribunal within a wider normative tradition, which holds that adjudicative jurisdiction arises in default of positive textual authorzsation (unless it has been explicitly excluded). It is argued that this approach should be embraced by courts and tribunals when interpreting the Convention's provisions, as it accords with the drafters' aspirations and it serves to strengthen the international Rule of Law.     

A Review of the Legal and Policy Framework for Vessel Source Pollution in Hong Kong

Vessel source marine pollution is an increasingly major concern at both the national and international levels. Hong Kong, as an important maritime center, is naturally concerned with vessel source pollution. To meet the challenges, Hong Kong has formulated policies and measures that emphasize “green shipping” as part of an overall planning strategy that promotes a “green economy.” This article provides a review and analysis of Hong Kong's marine pollution laws, with a view toward making policy suggestions. It argues that the general perception of the adequacy of Hong Kong's marine laws in combating vessel source pollution is flawed. It suggests that Hong Kong should adopt a more forward-looking perspective in the formulation of legal measures to control vessel source pollution.     

The General Dispute Settlement System of the UN Convention on the Law of the Sea: Overview,Context, and Use

This article provides an introduction to the contributions in this special issue of Ocean Development & International Law. It offers an overview of the dispute settlement provisions of the UN Convention on the Law of the Sea, placing them in the context of dispute settlement in international law generally, and explaining the extent to which they have been used so far.     

Revisiting the Freedom of Fishing and Legal Obligations on States Not Party to Regional Fisheries Management Organizations

For decades, states have cooperated through regional fisheries management organizations (RFMOs) on the conservation and management of living marine resources on the high seas. Nonmembers, or third states not bound by their decisions, have been an Achilles’ heel. In this article, the legal status of RFMO nonmembers and the freedom of fishing are examined. It is concluded that RFMO nonmembers have concrete obligations with respect to established fisheries subject to RFMO regulation.     

Jurisdiction Over Underwater Cultural Heritage in the EEZ and on the Continental Shelf: A Perspective From the Practice of States Bordering the South China Sea

Abstract

The Chinese initiative of constructing the 21st Century Maritime Silk Road could be identified as a new chance to promote the protection of underwater cultural heritage (UCH) in the South China Sea. However, uncertainties concerning the jurisdictional issue over the UCH in the exclusive economic zone (EEZ) or on the continental shelf constitute an obstacle. The Convention on the Protection of Underwater Cultural Heritage has, to some extent, enlarged the coastal state’s jurisdiction. State practice differs on this issue. This article focuses on the domestic legislations of states bordering the South China Sea related to the jurisdiction over UCH found in their EEZ or on their continental shelf.     

The Obligation to Negotiate in the Philippines v. China Case: A Critique of the Award on Jurisdiction

The two states in the Philippines v. China Case have continually reaffirmed in multiple documents and the 2002 Declaration on the Conduct of Parties in the South China Sea that they agreed to resolve their disputes in the South China Sea through consultations and negotiations. However, the Arbitral Tribunal in its Award on Jurisdiction held that no obligation of negotiation was provided for in these instruments because they were not legally binding agreements. Moreover, the Tribunal found that the Philippines had satisfied the “obligation to seek a solution through pacific means, including negotiation.” There are problems and deficiencies in the reasoning of the Tribunal respecting these findings.     

基于论文和专利的中美脑科学领域对比研究

脑科学是生命科学领域的研究前沿和热点,美国是该领域的科技强国。本文基于科技论文和专利数据,利用文献计量学的定量分析方法,比较中国和美国在脑科学领域的理论研究和应用研究的差距。结果表明,基于论文分析的理论研究对比,发现中国较美国起步晚,目前论文数量上的差距正在缩小,但学术影响力的差距较大;基于专利分析的应用研究对比,发现中国在专利申请数量上已略超过美国,但在代表专利技术价值和市场价值的国际专利数量、技术布局、龙头企业及企业参与研发比重等方面,差距还非常之大。